Centre for Environmental Justice (Guarantee) Limited et al. v. HE the President, Gotabaya Rajapakse et al. - Other

Litigation

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Sabin Litigation

Filing Year For Action

The Centre for Environmental Justice (CEJ, a non-profit organisation in Sri Lanka) and its directors have filed a public interest petition under Articles 17 and 126 of the Constitution of Sri Lanka seeking enforcement of fundamental rights against the President of Sri Lanka and several government authorities including the Minister of Environment, Sri Lanka Sustainable Energy Authority, Central Environmental Authority, Public Utilities Commission of Sri Lanka, Ceylon Electricity Board, and the Minister of Transport.

The petition aims to address the Sri Lankan authorities' failure to implement effective climate change policies and protect the environment. In particular, the petitioners claim that the authorities' failure to implement and adhere to the Paris Agreement constitutes an imminent infringement and/or continuous violation and/or violation of fundamental rights through executive or administrative action.

Sri Lanka is considered highly vulnerable to climate change due to its geographic location, rich biodiversity, and unique climate patterns. The petition highlights the country’s vulnerability to rising temperatures, erratic rainfall, and extreme weather events, including floods, droughts, and cyclones. These phenomena pose a threat to ecosystems, agriculture, tourism, and public health.

The petition details Sri Lanka’s growing greenhouse gas emissions, particularly carbon dioxide from fossil fuel usage in electricity production, heat, transport, and manufacturing industries. It highlights deforestation, poor vehicle emission standards, and outdated energy policies as major contributors to observed climate change since the mid-20th century in Sri Lanka.

The petition emphasizes that climate change disproportionately affects the poor, children, and marginalized communities. It cites increased health risks, job losses due to heat stress, and threats to food and water security. The petition also references international indices and reports that rank Sri Lanka poorly in climate resilience and child vulnerability. Petitioners argue that Sri Lanka’s energy mix is overly reliant on coal and fossil fuels, with insufficient investment in solar, wind, and biomass energy sources. They criticize the lack of infrastructure for electric vehicles and the failure to implement promised renewable energy targets. Specific examples include blocked rooftop solar projects and ineffective emission testing programs.

The petition refers to the Nationally Determined Contributions (NDCs) of Sri Lanka and seeks implementation of the targets in relation to renewable energy production. Sri Lanka aims to achieve 70% renewable energy in electricity generation by 2030, down from an initial target of 80%. This was also part of the President's election manifesto. However, the National Budget 2021 reduced the renewable energy target from 80% to 70% of overall energy requirements. CEJ argues that there exists a legitimate expectation to implement the election manifesto.

In this context, the petitioners claim that the Sri Lankan government has a duty to implement effective climate policies and renewable energy initiatives. The petition asserts that the government’s inaction violates several constitutional provisions, including Articles 12(1), 14(1)(g), and 14(1)(h), which guarantee equality before the law, freedom of occupation, and freedom of movement and residence. It also references international conventions and landmark Sri Lankan court cases that affirm environmental protection as a public trust and legal duty.

The petition concludes with a plea for the Supreme Court to recognize the ongoing and imminent violations of fundamental rights and to direct the respondents to take urgent steps under the National Environment Act and relevant domestic legislation. These include implementing climate policies in line with international laws, promoting renewable energy without damaging environmental services offered by the existing nature/ ecological system of the country, reforming vehicle importation standards to introduce a strategic plan to popularize the use of electric vehicles, and launching public awareness campaigns.

In 2024, the Supreme Court directed the respondents to file all the steps that the State has taken to protect the environment, especially the steps taken to mitigate climate change. The Court is set to hear arguments in March 2026.